Being charged with stunt driving in Ontario can be an extremely overwhelming and intimidating process. Upon being charged with stunt driving, unlike many other offences, there are immediate roadside consequences, as well as the risk of substantial fines and a lengthy license suspension. This makes being familiar with the stunt driving laws in Ontario important, not only to know what to do and what to avoid, but also to help you prepare for the process.

Having a clearer picture of your options and potential longer term consequences can be vital, as understanding stunt driving equips you to defend your record, your insurance rates, and your mobility.

What is a Stunt Driving Offence in Ontario?

Stunt driving is often used interchangeably with “street racing”. While excessive speed is the most common trigger for this offence, the definition of stunt driving includes a variety of other driving behaviours in its definition. Section 172(1) of the Highway Traffic Act defines it as driving a motor vehicle “on a highway in a manner of contest or race while doing stunts or on a bet”. The following key behaviours that give rise to a stunt driving charge include:

  • Street racing: Engaging in competitions or contests with other vehicles;
  • Excessive speeding: Driving 40 km/h or more over the speed limit on roads with limits under 80 km/h, or 50 km/h or more over the speed limit on roads with limits of 80 km/h or higher. Driving 150 km/h or more anywhere also qualifies as stunt driving;
  • Dangerous maneuvers: Driving with an intention to lift some or all tires from the road surface, such as performing “wheelies”;
  • Obstructing other vehicles: Intentionally preventing other vehicles from passing or deliberately chasing another vehicle;
  • Intentional loss of traction: Causing a vehicle to spin, drift or circle without maintaining control;
  • Performing “burnouts,” doughnuts, wheelies, or other similar manoeuvres; and
  • Driving with a person in the trunk.

The stunt driving and dangerous driving laws were updated in Ontario in 2021 and 2022. Collectively, these law changes were known as the Moving Ontarians More Safely Act (MOMS Act).

The main changes involved the following amendments to the existing legislation:

  • A lower threshold for what constitutes stunt driving: the speed was lowered from 50km/h to 40km/h on certain roads (see above on “excessive speeding”);
  • Stricter penalties were introduced, including jail time, longer licence suspensions (7 to 30 days), and a longer vehicle impoundment period;
  • Required attendance at driver education courses made mandatory; and
  • A tiered licence suspension system was introduced, resulting in much tougher penalties for repeat stunt driving offenders (up to a lifetime licence suspension, for instance).

Penalties for Stunt Driving in Ontario 

Some penalties for stunt driving charges in Ontario are effective immediately, before an individual is convicted of the offence. Though these consequences are administrative in nature and not criminal, they can have a significant effect on an individual’s life. Longer term consequences are more severe following a conviction.

Immediate Roadside Intervention 

Upon being stopped by by-law enforcement in Ontario for being in breach of Section 172(1) of the Highway Traffic Act, the following consequences will immediately result roadside:

  • 30-day driver’s licence suspension (non-appealable); and
  • 14-day mandatory vehicle impoundment, plus towing and storage fees.

Long-Term Consequences 

If you plead guilty to the charge or are convicted as a first-time offender, the following penalties will apply:

  • Six demerit points upon conviction;
  • A fine between $2,000 and $10,000;
  • Up to six months in jail and a one to three-year licence suspension (judge’s discretion); and
  • Mandatory attendance at a driver improvement course (Added in 2022).

A conviction under Section 172(1) of the Highway Traffic Act will blemish an individual’s driving record and cause higher insurance premiums.  Some insurance companies may even refuse to renew existing policies for stunt drivers, or refuse to insure a new client with such a charge on their record. The charge will remain on driving abstracts for three years following the date of conviction. This type of charge can also impact potential job opportunities where a perfect driving record is required.

How to Fight a Stunt Driving Charge in Ontario 

Due to the wide-ranging behaviours that can trigger a stunt driving charge, police have a significant amount of discretion in deciding to lay a charge. However, police action can be challenged where evidence is lacking, indeterminate or inconsistent.

Step 1 – Review the Summons and Details of the Charge 

Once you have been charged with stunt driving, it is imperative to review the summons and details of the charge line by line. When reviewing, it is helpful to confirm the following information on the summons:

  • The date, time, and exact location of the alleged offence;
  • The officer’s badge number and detachment; and
  • The legislative reference (Section 172(1) of the Highway Traffic Act or Criminal Code street-racing provision).

Be sure to take note of any errors that appear on the summons, such as incorrect date, misspelled name, or missing signature as this may be helpful to your defence.

Step 2 – Request Disclosure and Gather Evidence 

You must request disclosure within 30 days of receiving your ticket. You can do this by filing a disclosure request with the appropriate prosecutor’s office. When requesting disclosure, you can ask for the following:

  • Officer notes (hand-written and typed);
  • Radar/LIDAR calibration certificates;
  • Dash-cam or body-cam footage, if available;
  • Witness statements;
  • Photographs, diagrams, or drone footage of the scene; and
  • Collecting your own evidence is equally important. Photograph signage, measure sight-lines, and obtain GPS data from your vehicle if available. These items often contradict the prosecution’s version of events.

It is important to note that you can and should collect your own evidence to contradict that of the prosecutor. Be sure to take photographs on the scene that may be helpful towards your case, such as any available signage. You can also measure sight lines and obtain GPS data from your vehicle.

Step 3 – Consider Legal Representation 

A professional defence lawyer with experience in handling stunt driving cases will know the best course of action for defending your charges. Even if there is a strong case against you, there may be other ways for your defence lawyer to limit consequences for the future.

Furthermore, Ontario stunt driving cases proceed in Provincial Offences Court, where procedural rules can feel opaque. An experienced lawyer can help you navigate these tricky steps.

A professional can help you prepare for trial or negotiate a resolution that limits the consequences for the future.

Common Defences Used Against Stunt Driving Charges 

To reach a conviction, prosecutors must prove each element of stunt driving beyond a reasonable doubt. While each defence hinges on the facts particular to the case, the following defences are most commonly used to prevent such a conviction:

  • Faulty Speed Measurement: Improperly calibrated radar/LIDAR, which undermines any alleged speed;
  • Improper Signage: If speed signs are missing or obscured, this can possibly negate the actus reus of “excessive speed”;
  • Identity Issues: Fog, heavy traffic, or insufficient lighting can prevent officers from identifying the driver;
  • Necessity/Emergency: In limited circumstances, a sudden medical emergency may justify momentary speeding; and
  • Charter Violations: Unreasonable delay (s. 11(b) of the Charter) or unlawful seizure of the vehicle (s. 8 of the Charter) may lead to exclusion of evidence or a stay.

To determine the best defence for your case, a meticulous review of the disclosure package and scene conditions determines which argument will be best.

Why You Shouldn’t Handle a Stunt Driving Case Without Legal Help

The prosecution of stunt driving offences are evidence driven and can be highly technical. When proving a charge, prosecutors often rely upon advanced speed-measurement devices. The process of navigating a stunt driving charge and the disclosure of evidence in a case can be  difficult for a layperson to navigate.

Strategic Criminal Defence have experience defending clients from stunt driving offences, and are prepared to assist you with obtaining the best possible outcome for your case.

Frequently Asked Questions

A stunt driving offence in Ontario can cover a multitude of different offences regarding the operation of a motor vehicle. This can include excessive speeding, performing “wheelies” on a motorcycle, and purposely obstructing other drivers on the road. Section 172(1) of the Highway Traffic Act defines the offence as driving a motor vehicle “on a highway in a manner of contest or race while doing stunts or on a bet”.

Individuals facing a first-time stunt driving offence can be subject to immediate and lasting penalties for their alleged conduct. If you are pulled over and charged with Section 172(1) of the Highway Traffic Act, you will immediately be subject to a 30-day driver’s licence suspension and a 14-day mandatory vehicle impoundment, plus towing and storage fees.

If you eventually plead guilty to the charge or are convicted as a first-time offender, you can be subjected to six demerit points upon conviction, a fine between $2,000 and $10,000, up to six months in jail, a 1-3 year licence suspension, and mandatory attendance at a driver improvement course.

If you have been charged with stunt driving, the first thing you should do is obtain strong legal representation to defend you. The lawyers at Strategic Criminal Defence are experienced in defending stunt driving charges, and are well placed to defend your rights, explain the law, and work to achieve the best possible outcome for your case. We will work with you to identify all defences available to you, and advocate for your rights in discussions with the Crown prosecutor.

If you are convicted of stunt driving, there are several long-term consequences that you could potentially face:

  • Six demerit points upon conviction;
  • A fine between $2,000 and $10,000;
  • Up to six months in jail and a one to three-year licence suspension (judge’s discretion);
  • Mandatory attendance at a driver improvement course;
  • Higher insurance premiums or the possibility that the insurance company refuses to renew your policy;
  • Charge remaining on driving abstracts for three years following conviction; and
  • Potential impacts to job opportunities, especially jobs involving operating a vehicle.

Conclusion 

Stunt driving is a provincial offence which can lead to both immediate and long-term consequences for anyone who is charged or convicted with it. These consequences include licence suspensions, demerit points and fines, which can seriously impact your insurance premiums and employment prospects.

If you have been charged with stunt driving, it is vitally important to obtain competent legal representation to help guide you through the process. The lawyers at Strategic Criminal Defence are experienced in representing clients with stunt driving charges, and are ready to assist you with your matter.